The rules on foreigners working in Vietnam were recently revised and Decree 102/2013/ND-CP on foreigners working in Vietnam (“Decree 102”) took effect on 1 November 2013 (please see our NewsBrief dated 17 September 2013 for more
details).

Decree 102 made a number of changes, some of which caused concern particularly to foreign invested enterprises.

One such change was the requirement (as per Article 4 of Decree 102) for approval of enterprises’ annual foreign labour usage plans. Plans have to be approved by the Chairman of the People’s Committee of a province/city before a work permit can be applied for.

On 3 January, the Chairman of the Ho Chi Minh City People’s Committee (“HCMC PC”) issued Decision 13/QD-UBND (“Decision 13”) to officially delegate his responsibilities under Articles 4 and 5.4 of Decree 102 to:

– the heads of authorities of industrial and export processing zones, and hi-tech
zones in HCMC (“Industrial Zones”); and to
– the Director of the HCMC Department of Labour, War Invalids and Social Affairs
(“DOLISA”), with respect to the employment of foreigners elsewhere in HCMC.

Every 6 months, these persons must report to the Chairman of the HCMC PC on the
implementation of the delegation of these responsibilities.

Therefore, enterprises can now submit their foreign labour usage plans to the heads of Industrial Zones/ Director of HCMC DOLISA instead of the HCMC PC.